Let’s say that you inherited some land from a Florida estate, or maybe a condo or a couple of houses that your mother or father or aunt or uncle owned in Palm Beach Gardens. The real estate goes through probate. Or, perhaps your uncle or aunt put your name on a deed with your cousin or sister, and now, after Palm Beach probate, your Florida estate lawyer tells you that you are a “tenant in common” or co-owner on valuable real estate with someone else, like a cousin or a sister who hates you. What can a co-owner do if you inherit real estate, and don’t like the other co-owner? Can you file for partition or forced sale of the real estate if you and the co-owners don’t get along? You should read the Florida law on partition or sale of real estate for co-owners who inherit property: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0064/0064.html
What Do I Do With Inherited Land From Florida Probate If My Co-Owner & I Don’t Get Along
- You want to sell the inherited real estate, but your co-tenant does not want to, right?
- Or, maybe you are sick & tired of paying money for insurance, real estate taxes, upkeep and water or sewer or HOA fees and you are frustrated that your co-owner doesn’t spend a dime.
- Can you get reimbursed from your co-owner on money you spend on inherited Florida property?
- Do you really want to keep owning this Florida real estate with those other people on the deed or do you want to sell?
- Consider a partition action by filing a Florida partition lawsuit
- Any probate litigator Florida will tell you that a LOT of people inherit land or real estate with others, perhaps from a Boyton Beach probate, or estate, and then they have to deal with the co-owners who they really don’t care to share a financial bed with.
- How can I cash out of my inherited property and sell the real estate? Here are 3 tips for Florida real estate partition lawsuits.
- Understand Florida partition of real estate. Ask any Florida trust lawyer, or estate attorney in Palm Beach, and they will tell you that there are specific statutes, or laws, on partition. Check out this law: Florida Statute 64.041 which tells you about thepartition complaint to be filed to get your inheritance:http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0064/0064.html. There are also cases which tell you about expenses & costs you can get reimbursed for, and what credits you get from the sale proceeds, for money you paid for the maintenance of the real estate. Check out Florida Partition Law 64.081: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0064/0064.html. Know the law before you file your lawsuit and know your damages and how you want to sell the real estate.
- Negotiate. Pick up the phone and talk to your co-tenant and co-owner. Try to come to some agreement. Maybe you want to buy her out. Maybe she will buy you out. Maybe you can agree on a realtor and a sales price. If you can’t, or don’t, then be sure tokeep a copy of your communications as they may be evidence, or helpful, if you try to get the other side to pay some or all of your partition lawyers Florida attorneys fees.
- File a Florida Partition Lawsuit. Hey, if you can’t agree, then you can’t agree. And that’s what judges are for: to peacefully and impartially decide a disagreement between two or more people who own real estate together, but don’t agree, or can’t get along. File your lawsuit and get ready to set it for trial. Save all your receipts and proof of spending money for expenses and improvements. Good luck !